Pappu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44653 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -JIRADEI District- SIWAN ====================================================== Pappu Kumar Sah, Son of Prabhunath Sah, Resident of Village- Pipra Daraunda, P.S.- Daraunda, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

45 liters of foreign liquor is said to have been recovered from the dickey of the car and its driver and petitioner sitting in the said car were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the car in question. He happens to be a simple commuter and had no knowledge of keeping of the said

Patna High Court Cr.Misc. No.44653 of 2018 (2) dt.24-07-2018 liquor in the dickey of the car. He was travelling by the said car after taking lift from its driver. He has no criminal antecedent and has been languishing in custody since 24.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II, Siwan in connection with Jiradei P.S. Case No. 36 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T